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STATE EX REL. HCR MANORCARE, LLC v. STUCKY

No. 15-0094.

776 S.E.2d 271 (2015)

STATE of West Virginia ex rel. HCR MANORCARE, LLC; HCR Manorcare, Inc.; MC Operations Investments, Inc.; HCRMC Operations, LLC; HCR Manorcare Operations II, LLC; HCR Manorcare Heartland, LLC; Manorcare, Inc; HCR Healthcare, LLC; HCR Manor Care Services, Inc.; Health Care and Retirement Corporation of America, LLC; Heartland Employment Services, LLC; Joseph Donchatz; John Does 1 Through 10; and Unidentified Entities 1 Through 10 (as to Heartland of Charleston), Petitioners v. The Honorable James C. STUCKY, Judge of the Circuit Court of Kanawha County, West Virginia; and Tom Hanna, individually, and on behalf of the Estate and wrongful death beneficiaries of Sharon Hanna, Respondents.

Supreme Court of Appeals of West Virginia.

Decided June 9, 2015.

Attorney(s) appearing for the Case

Robert M. Anspach, Esq. , David E. Rich, Esq. , William E. Murray, Esq. , J. Jarrod Jordan, Esq. , John A. Hess, Esq. , R. Tyler Brewer, Esq. , Anspach Meeks Ellenberger, LLP, Huntington, WV, Counsel for the Petitioners.

James B. McHugh, Esq. , Michael J. Fuller, Jr., Esq. , Kendra R. Fokakis, Esq. , A. Lance Reins, Esq. , Amy J. Quezon, Esq. , McHugh Fuller Law Group, PLLC, Hattiesburg, MS, Counsel for Respondent Hanna.

This is an original proceeding in prohibition filed by petitioners HCR ManorCare, LLC, et al., a group of corporate entities and individuals engaged in the operation of nursing homes and assisted living facilities throughout the United States. HCR ManorCare, LLC, et al. (collectively "ManorCare") are defendants in...

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